Resolution-PC 2005-14~ _
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RESOLUTION NO. PC2005-14
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-00137 BE GRANTED
(502 SOUTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
PARCEL 1: LOT 22 IN BLOCK D OF TRACT NO. 365, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNfA, AS SHOWN ON A MAP RECORDED 1N
BOOK 15, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALI FORN IA. _
PARCEL 2: THAT PORTION OF VINEYARD LOT G5, IN THE CITY OF ANAHEIM;
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS:
BEGtNNING AT THE NORTHWEST CORNER OF VINEYARD LOT G-5, AS PER MAP
RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY
LINE OF SAID LOT G5, 205.5 FEET; THENCE SOUTHERLY PARALLEL WITH THE
WESTERLY LINE OF SAID LOT G5,' 212 FEET TO A POINT IN THE NORTHWESTERLY
LINE OF_ TRACT NO. 365, AS PER MAP RECORDED IN : BOOK 16, PAGE ' 94, '
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE: SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE 205.5
FEET, TO A POINT IN THE WESTERLY BOUNDARY LINE OF SAID LOT; THENCE
NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT G5 TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERLY 12.6 FEET AS CONVEYED TO THE
CITY OF ANAHEIM BY DEEDS RECORDED 'JANUARY 23, 1911 IN BOOK 1832 PAGE
286, DEEDS AND MARCH 1, 1924 IN BOOK 512 PAGE 264, DEEDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTiNG ~HEREFROM THAT PORTION INCLUDED WITHIN SANTA ANA
STREET AS CONVEYED TO THE CITY OF ANAHEIM, BY DEED RECORDED NOVEMBER
9, 1937 IN BOOK 915 PAGE 148, OFFICIAL RECORDS.
PARCEL 3: A PORTION OF THAT CERTAIN ALLEY LOCATED IN THE CITY -0F
ANAHEIM, ABANDONED PER RESOLUTION NO. 83R-440 OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, DESCRiBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF VINEYARD LOT G-5 AS PER MAP RECORDED IN BOOK 4,
PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUN7Y, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE 15° 28' 30"
EAST 162.00 FEET; THENCE NORTH 74°24' 45" EAST 119.36 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 15° 28' 30" WEST 162.00 FEET; THENCE
NORTH 74° 24' 45" EAST 152.00 FEET; THENCE SOUTH 74° 24' 45" WEST, 20.00 FEET
TO THE POINT OF BEGINNING.
PARCEL 4: LOT 1 IN BLOCK "D" OF TRACT NO. 366, HESS SUBDIVISION, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 15m, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALfFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on December 13, 2004, notice of said public hearing having been duly given as required by law and in
accordance wifh the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence
for and against said proposed reclassification and to investigate and make findings and recommendations in
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connection therewith; and that said public hearing was continued to the January 10, and January 24, 2005,
Planning Commission meetings; and . ~
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts
1. That the petitioner proposes reclassification of subject property from the 0-L (Low Intensity
Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential; Single-Family) zone or a iess
intense zone.
2. That in conjunction with this petition for reclassification, the Anaheim Planning Gommission
recommended to the City Council adoption of General Plan Amendment Na 2004-00421, Exhibit A, to
redesignate the property from the Low-Medium Density Residential and Low Density Residential land use
designations to the Low Density Residential designation; and that the proposed reclassification would be
consistent with the Low Density Residential land use designation.
3. That the proposed reclassification of the property is necessary and/or desirable for the orderly
and proper development of the community. :
4. That the proposed reclassification of the property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community.
5. That the proposed reclassification of subject property requires the dedication and improvement
of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the
anticipated increase in traffic which will be generated by the intensification of land use.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission
has reviewed the proposal to reclassify the property from the O-L (Low Intensity Office) and RS-2 (Residential,
Single-Family) zones to the RS-3 (Residential, Single-Family) zone and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
has considered the Negative Declaration together with any comments received during the public review process
and further finding on the basis of the initial study and any comments received that there is no substantial
evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim
Municipal Code to exclude the above-described property from the O-L (Low Intensity Office) and RS-2
(Residential, Single-Family) zones and to incorporate said described property into the RS-3 (Residential, Single-
Family) zone upon the following conditions which are hereby found to be a necessary prerequisite to the
proposed use of subject property in order to preserve the health and safety of the Citizens of the City of
Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be completed. 7he City Council mayapprove or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in
Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant. .
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3. That completion of these reclassification proceedings is contingent upon approval of General Plan
Amendment Na 2004-00421 by the City CounciL
4. Thatapproval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal :
regulations. Approval does not inciude any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine. that adoption of this Resolution is expresslypredicated upon applicanYs compliance with each and all
of the conditions hereinabove set forth. Shoufd any such conditions, or any part thereof, be declared invalid or
`unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment
by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council,
which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion.
BE 1T FURTHER RESOLVED that the applicant is responsible for paying all charges related to the
processing of this'discretionary case applicafion within 7 days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 24, 2005. Said resolution is subject to the appeal prov' ions orth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal proced nd ,~e re lace _ ity Counci( Resolution
in the event of an appeaL -_.. ;
CHAIRMAN, ANAH IM ING COMMISSION
ATT T:
ENIOR S RETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 24, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: TWO VACANCIES
IN WITNESS WHEREOF, I have hereu set my and this _~day o 2005.
SENI R SECRETARY, ANAHEIM PLANNWG COMMISSION